What was the outcome of Tenancy Tribunal case 4710351?

The tribunal order states: Pamela Stacy Harris must pay Oracle Property Management Limited As Agent

How much money was awarded in case 4710351?

Cleaning: $172.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $172.28 awarded to landlord; Property Damage: $257.50 awarded to landlord; Rent: $758.57 awarded to landlord; Cat Door: $189.75 awarded to landlord; Laundry Tub: $161.00 awarded to landlord; Locks, Windows: $1,448.50 awarded to landlord; Painting: $570.00 awarded to landlord; Replace Furnishings: Blinds: $250.00 awarded to landlord; Replace Furnishings: Vanity: $1,138.50 awarded to landlord; Rubbish Removal: $441.60 awarded to landlord; Water Charges To End Of Tenancy: $292.75 awarded to landlord

What type of tenancy dispute was case 4710351?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4710351?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10290347-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4710351?

The tribunal order states: Pamela Stacy Harris must pay Oracle Property Management Limited As Agent

How much money was awarded in case 4710351?

Cleaning: $172.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $172.28 awarded to landlord; Property Damage: $257.50 awarded to landlord; Rent: $758.57 awarded to landlord; Cat Door: $189.75 awarded to landlord; Laundry Tub: $161.00 awarded to landlord; Locks, Windows: $1,448.50 awarded to landlord; Painting: $570.00 awarded to landlord; Replace Furnishings: Blinds: $250.00 awarded to landlord; Replace Furnishings: Vanity: $1,138.50 awarded to landlord; Rubbish Removal: $441.60 awarded to landlord; Water Charges To End Of Tenancy: $292.75 awarded to landlord

What type of tenancy dispute was case 4710351?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4710351?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10290347-Tribunal_Order.pdf.

Unit/Flat 2, 21 Sunnypark Avenue, Rosehill, Papakura 2113 Tenancy Tribunal Case 4710351 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4710351 — net $5,873.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 18 August 2023	$758.57	Rent to 18 August 2023
Cleaning	$172.50	Cleaning
Rubbish removal	$441.60	Rubbish removal
Repairs: locks, windows	$1,448.50	Repairs: locks, windows
Lock/key replacement	$257.50	Lock/key replacement
Light bulbs/batteries	$172.28	Light bulbs/batteries
Replace furnishings: vanity	$1,138.50	Replace furnishings: vanity
Repairs: laundry tub	$161.00	Repairs: laundry tub
Replace furnishings: blinds	$250.00	Replace furnishings: blinds
Water charges to end of tenancy	$292.75	Water charges to end of tenancy
Repairs: painting	$570.00	Repairs: painting
Repairs: cat door	$189.75	Repairs: cat door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,873.39
Total payable by Tenant to Landlord	$5,873.39

The landlord attended the hearing on 30 April 2024.

The landlord has applied for rent arrears, outgoings, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 18 August 2023 pursuant to an order of the Tribunal. The landlord provided rent records and water invoices which prove the amount owing at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. Washing powder was scattered over the garage floor, the fridge freezer contained rotten food, there were dishes on the bench and food left in the pantry. I award the cleaning costs claimed ($172.50).

The exit inspection photographs show that large items of furniture such as mattresses and couches had not been removed. I award the rubbish removal costs claimed ($441.60).

The tenant did not return the keys. According to the locksmith’s invoice, there were also broken window stays, missing or broken ranch slider bolts, several broken door handles, and a broken ranch slider door handle ($1,448.50). The exit inspection report refers to a broken deadbolt in the lounge and a missing deadbolt in the dining room. There are photographs of a missing door handle to the garage, broken ranch slider handles, broken safety stays, and broken or missing deadbolts. The locksmith also had to replace a deadbolt to the back door after the tenant regained entry after the tenancy had ended ($257.50).

The landlord had to replace various LED lights ($558.62). I have deducted from the Snap Electrical invoice the cost of a replacement bathroom fan and switch. I view this as maintenance rather than tenant damage. The exit inspection report says the fan was not working but does not say it was damaged. I award $149.81 plus GST ($172.28) for lights.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission.

Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or 4 weeks' rent. The insurance excess was $550.00, and the weekly rent was $590.00.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.

Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for.

Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty.

The bottom of the bathroom vanity was badly damaged, making the vanity unusable. The force required to do the damage indicates it was intentional. I award the full cost of a replacement vanity ($1,138.50).

The landlord claimed $570.00 for plastering and painting. There was a dent in a wall in the lounge and several holes and dents in the walls of bedroom 1. The window stays in bedroom 2 were broken and there were marks on the walls. There was a hole in the door of bedroom 3 and on the wall behind the bedroom door, together with missing safety stays. There was a gouge in the kitchen skirting board. I award the plastering and painting costs claimed.

The cat flap on the back door was broken and the glass had to be replaced ($189.75). The landlord suggested the tenant had re-entered the property after the landlord took possession through this door.

The landlord said the tenant had pulled out the laundry feeds when they regained entry, causing the laundry tub to leak. I award the cost of repair to the laundry hose connections as claimed ($161.00).

The dining room blinds were damaged and could not be opened or closed. The exit inspection report states that the vertical blinds opener was missing. There is a photograph showing part of the mechanism on the floor. I award the cost of replacement blinds ($250.00).

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing fee

The landlord’s application has been successful. I award the filing fee.

Claims and awards in Tenancy Tribunal application 4710351 — net $5,873.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 18 August 2023	$758.57	Rent to 18 August 2023
Cleaning	$172.50	Cleaning
Rubbish removal	$441.60	Rubbish removal
Repairs: locks, windows	$1,448.50	Repairs: locks, windows
Lock/key replacement	$257.50	Lock/key replacement
Light bulbs/batteries	$172.28	Light bulbs/batteries
Replace furnishings: vanity	$1,138.50	Replace furnishings: vanity
Repairs: laundry tub	$161.00	Repairs: laundry tub
Replace furnishings: blinds	$250.00	Replace furnishings: blinds
Water charges to end of tenancy	$292.75	Water charges to end of tenancy
Repairs: painting	$570.00	Repairs: painting
Repairs: cat door	$189.75	Repairs: cat door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,873.39
Total payable by Tenant to Landlord	$5,873.39

Order

Pamela Stacy Harris must pay Oracle Property Management Limited As Agent For Tony Lau $5,873.39 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing on 30 April 2024.
The landlord has applied for rent arrears, outgoings, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 18 August 2023 pursuant to an order of the Tribunal. The landlord provided rent records and water invoices which prove the amount owing at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. Washing powder was scattered over the garage floor, the fridge freezer contained rotten food, there were dishes on the bench and food left in the pantry. I award the cleaning costs claimed ($172.50).
The exit inspection photographs show that large items of furniture such as mattresses and couches had not been removed. I award the rubbish removal costs claimed ($441.60).
The tenant did not return the keys. According to the locksmith’s invoice, there were also broken window stays, missing or broken ranch slider bolts, several broken door handles, and a broken ranch slider door handle ($1,448.50). The exit inspection report refers to a broken deadbolt in the lounge and a missing deadbolt in the dining room. There are photographs of a missing door handle to the garage, broken ranch slider handles, broken safety stays, and broken or missing deadbolts. The locksmith also had to replace a deadbolt to the back door after the tenant regained entry after the tenancy had ended ($257.50).
The landlord had to replace various LED lights ($558.62). I have deducted from the Snap Electrical invoice the cost of a replacement bathroom fan and switch. I view this as maintenance rather than tenant damage. The exit inspection report says the fan was not working but does not say it was damaged. I award $149.81 plus GST ($172.28) for lights.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or 4 weeks' rent. The insurance excess was $550.00, and the weekly rent was $590.00.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty.
The bottom of the bathroom vanity was badly damaged, making the vanity unusable. The force required to do the damage indicates it was intentional. I award the full cost of a replacement vanity ($1,138.50).
The landlord claimed $570.00 for plastering and painting. There was a dent in a wall in the lounge and several holes and dents in the walls of bedroom 1. The window stays in bedroom 2 were broken and there were marks on the walls. There was a hole in the door of bedroom 3 and on the wall behind the bedroom door, together with missing safety stays. There was a gouge in the kitchen skirting board. I award the plastering and painting costs claimed.
The cat flap on the back door was broken and the glass had to be replaced ($189.75). The landlord suggested the tenant had re-entered the property after the landlord took possession through this door.
The landlord said the tenant had pulled out the laundry feeds when they regained entry, causing the laundry tub to leak. I award the cost of repair to the laundry hose connections as claimed ($161.00).
The dining room blinds were damaged and could not be opened or closed. The exit inspection report states that the vertical blinds opener was missing. There is a photograph showing part of the mechanism on the floor. I award the cost of replacement blinds ($250.00).
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing fee
The landlord’s application has been successful. I award the filing fee.

Tenancy Tribunal case 4710351 — Property damage at Unit/Flat 2, 21 Sunnypark Avenue, Rosehill, Papakura 2113

At a glance

Tenancy Tribunal case 4710351 — Property damage at Unit/Flat 2, 21 Sunnypark Avenue, Rosehill, Papakura 2113

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Key findings

Property management

Frequently asked questions